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Johnson & Johnson has been the center of several trials that have alleged that their talc powder product, Shower to Shower, causes ovarian cancer. After several losses in the litigation-friendly Missouri, the first California trial is set to open. Bloomberg reports on the first California Talc Powder trial headed to jury.
They have lost four out of five trials that went to jury in Missouri. Now, Johnson and Johnson is wrapping up the first such case to go to a jury outside Missouri. It is also one of 300 similar cases pending in California.
Back in June, the U.S. Supreme Court made a ruling that made it harder for consumer lawyers to try cases in what have been litigation-friendly venues like Missouri and other states.
The jury will have to decide if Johnson & Johnson, the world’s largest health care company, failed to warn 62-year-old Eva Echeverria, about the supposed cancer risks linked to its talc products. Echeverria had been using such products since she was 11 years old. She was diagnosed with cancer in 2007.
So far, there are about 4,800 claims total pending in United States courts. The cases claim that Johnson & Johnson ignored studies linking its baby powder and Shower to Shower talc powder to ovarian cancer. The suits further allege that Johnson & Johnson failed to warn consumers about the risk.
Most of the cases are in Missouri, New Jersey, and California. In June, a U.S. Supreme Court decision limited out-of-state plaintiffs joining lawsuits in state courts. Until that point, juries in Missouri trials had been awarding plaintiffs up to $110 million. The New Brunswick, New Jersey company is appealing these verdicts.
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